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According to Article 2 of UCMJ, "Retired members of a regular component of the armed forces who are entitled to pay" are covered by UCMJ. Does this mean that retirees can be charged with UCMJ violations even long after retirement and when not doing anything related to the military? Has this ever happened?
http://usmilitary.about.com/od/punitivearticles/a/ucmjsubject.htm
http://usmilitary.about.com/od/punitivearticles/a/ucmjsubject.htm
Retired
Retirement
UCMJ
JAG
Posted >1 y ago
Responses: 384
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A retiree is a civilian and no longer subject to the UCMJ. Cafe committed a crime during their military service it's possible to still be tried under the UCMJ. But a person who has retired or been discharged is no longer subject to the UCMJ for the actions they may commit after they retire or discharged.
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IF you retired say in 2006 as an E-8 . In 2014 do to advances in DNA you are matched to a rape that occurred on the base you were at from 2002. You can be recalled to duty to face charges from an action that happened while you were on active duty in the US military. This also applies to murders you may have done on active duty.
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If the crime touches the time you were on active duty, the probability of being recalled increases.
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If the member is retired and he\she commits an act of a felony, no he\she can not face a court martial. However, if he\she is retired and commits an act of a felony on post, he\she will face federal charges, because he\she is no longer attached to the military under UCMJ rules, regulations or obligation. If it is found, the he\she committed acts of a felony, prior to retirement, then yes, he\she will be brought back, to stand trial for the actions committed.
James J. Grazioplene, 68, (U.S. Army Retired)
https://www.washingtonpost.com/world/national-security/in-rare-spectacle-army-court-martials-a-retired-general/2017/08/25/473fc440-89ac-11e7-a50f-e0d4e6ec070a_story.html
James J. Grazioplene, 68, (U.S. Army Retired)
https://www.washingtonpost.com/world/national-security/in-rare-spectacle-army-court-martials-a-retired-general/2017/08/25/473fc440-89ac-11e7-a50f-e0d4e6ec070a_story.html
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"YES."
Any service member, who commits a crime and he or she goes unnoticed until after they retire, can be charged and court martialed. I was the training specialist for the Operations Group at Ft. Irwin Ca. (NTC) and General Grazioplene was one of the commanders of Operations group, during my tour, at the NTC. General James J. Grazioplene, 68, was court Martialed after his retirement, the story explains...
https://www.washingtonpost.com/world/national-security/in-rare-spectacle-army-court-martials-a-retired-general/2017/08/25/473fc440-89ac-11e7-a50f-e0d4e6ec070a_story.html
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Any service member, who commits a crime and he or she goes unnoticed until after they retire, can be charged and court martialed. I was the training specialist for the Operations Group at Ft. Irwin Ca. (NTC) and General Grazioplene was one of the commanders of Operations group, during my tour, at the NTC. General James J. Grazioplene, 68, was court Martialed after his retirement, the story explains...
https://www.washingtonpost.com/world/national-security/in-rare-spectacle-army-court-martials-a-retired-general/2017/08/25/473fc440-89ac-11e7-a50f-e0d4e6ec070a_story.html
If this article does not show, copy and paste to your browser
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The only way a retiree would be subject to the UCMJ, is if he had committed a crime, WHILE ON ACTIVE DUTY, and never charged. I am not sure what the statute of limitations are for these crimes, if any.
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SPC Chris Ison
1SG John Millan - That doesn't answer my question really. What does one do to qualify for this pay?
Okay I got it, it is a Navy thing:
https://va.org/retainer-vs-retired/
Okay I got it, it is a Navy thing:
https://va.org/retainer-vs-retired/
Military retirement pay differs from civilian retirement pay systems in that there’s no vesting, no matching funds, no interest, and no special accounts.
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During the Fat Albert investigation they brought a retired admiral or captain back on active duty to stand before a court martial board!
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According to recent court findings retired troops are more subject to the UCMJ than reservists.
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SSG Alfred Woods
Reservist who commit acts of felony while in the performance of their duties, are subject to court martials, even after retirement.
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LTC (Join to see)
SSG Alfred Woods - Yes but currently drilling reserve Soldiers are only subject to UCMJ while on orders, so they are less subject to UCMJ than retired Soldiers.
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SSG Alfred Woods
Yes Sir,
I've been retired, since 2/99 and I concur in what you are saying, with the understanding that initially, Reserve soldier are under the jurisdiction of their "state," unless they are released on orders to perform the duties requested of the president. So, basically, the reserve soldiers would be on a loan, to the U.S. government and when they are on "Loan," then they are subject to the guidance of the UCMJ for actions, should they be found to have committed.
I've been retired, since 2/99 and I concur in what you are saying, with the understanding that initially, Reserve soldier are under the jurisdiction of their "state," unless they are released on orders to perform the duties requested of the president. So, basically, the reserve soldiers would be on a loan, to the U.S. government and when they are on "Loan," then they are subject to the guidance of the UCMJ for actions, should they be found to have committed.
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MSgt Gilbert Jones
Once an active duty retiree completes their 30 total years obligation they no longer can be recalled, only those who served in the reserve and retired can. That was the last finding.
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Yes, for very extreme cases (such as murder and rape) where crimes were committed while ON ACTIVE DUTY and discovered after the soldier/sailor retired. But if you're facing those types of crimes, NJP should be the least of your concerns.
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Yes, absolutely they are. When you retire, legally you enter the "Retired Reserve" and called be called back to active duty for emergencies, etc. This includes UCMJ actions for crimes committed while on active duty. In 1999, MG David Hale was called back on active duty and court martialed for having affairs with the wives of his subordinates. More recently, in 2017 retired MG James J. Grazioplene was court martialed for raping a child.
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